N.Sankarapandiyan v. The Election Commissioner

ORDER The Civil Revision Petition has been filed seeking a direction to dispose of E.O.P.No.53 of 2020, pending on the file of the Election Court / Principal District and Sessions Court, Virudhunagar District at Srivilliputhur, within a specified time fixed by this Court.

¶2I have heard the learned counsel appearing for the revision petitioner and the learned Additional Government Pleader, who takes notice for the respondents 1 to 3. Since the revision petition is filed for early disposal of the case, the issuance of notice to the fourth respondent is not necessary.

¶3The revision petitioner has filed an election petition in E.O.P. No.53 of 2020, challenging the election of the fourth respondent at Ward No.1 to O.Kovilpatti Village Panchayat. The learned Counsel for the petitioner would submit that after conducting enquiry, the learned Principal District Judge has passed an order dated 26.04.2023 directing the respondents to produce the video footages of counting of votes to the Ward No.1 to O.Kovilpatti Village Panchayat conducted on 02.01.2020 on or before 05.06.2023 and that since the said direction was not complied with and the case is being adjourned again, the petitioner was constrained to file the above application seeking speedy disposal of the above election petition.

¶4When the matter was taken up on 15.11.2023, the learned Additional Government Pleader has taken notice and sought time for getting instructions. In pursuance of the same, when the matter is taken up today, the learned Additional Government Pleader would submit that in pursuance of the directions of the Principal District Court, the CCTV footage has been produced in Pen drive and he produced a copy of the letter sent by the Block Development Officer, Virudhunagar to the Principal District Judge, Srivilliputhur, wherein it has been shown that they have enclosed the permission letter of the District Collector and the Pen drive containing the video footage of counting of votes.

¶5Considering the fact that the Election O.P., is pending from 2020 and taking note of the submission made by the learned Additional Government Pleader with regard to the submission of the CCTV footage as directed by the Principal District Judge, Srivilliputhur, the learned Principal District Judge, Srivilliputhur is hereby directed to dispose of E.O.P.No.53 of 2020, within a period of one month from the date of receipt of a copy of this order.

¶6With the above direction, the Civil Revision Petition is disposed of. There shall be no order as to costs.

23.11.2023 Index : Yes : No Internet : Yes : No SSL To

¶1The Principal District and Sessions Court, Virudhunagar District at Srivilliputhur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. K.MURALI SHANKAR,J. SSL

23.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.11.2023 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR N.Sankarapandiyan : Petitioner Vs. 1.The Election Commissioner, Tamil Nadu State Election Commission, Chennai. 2.The District Election Officer/ District Collector, Virudhunagar, Virudhunagar District. 3.The Returning Officer/ Block Development Officer, O.Kovilpatti Village Union, Virudhunagar District. 4.R.Muthupandi : Respondents PRAYER:- Civil Revision Petition is filed under Article 227 of the Constitution of India to direct the Election Court by Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur to dispose of E.O.P.No.53 of 2020, pending on the file of the Election Court by Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in a speedy manner within a time frame as fixed by this Court. For Petitioner : Mr.K.Seenu Ramachandran For Respondents :Mr.A.Baskaran Additional Government Pleader for R.1 to R.3